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Kenya Act or statute

Parliament of Kenya

Firearms Act

This Act may be cited as the Firearms Act. Defines "any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm". Establishes the F…

Jurisdiction
Kenya
Structure
49 provisions
Citation
Cap. 114
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the Firearms Act.”

This Act may be cited as the Firearms Act. Defines "any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm". Establishes the Firearms Licensing Board, lists its membership, creates a Secretariat, deems prior licensing officers to be Secretariat officers, and assigns functions including certification, licensing decisions, registration, range supervision, record management, and additional Cabinet Secretary-prescribed functions. Police, customs or licensing officers may demand production of a firearm certificate or permit from persons believed to possess a firearm or ammunition; the demand can be oral or written. If the person fails to produce or allow reading of the certificate, or to show entitlement, the officer may seize the firearm or ammunition and require the person to declare name and address; failure without reasonable cause is an offence punishable by a fine not exceeding ten thousand shillings. Obliterating the serial number of any firearm in his possession is covered by this section.

02

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GENERAL - 46. Savings

Certain sections of this Act (section 16; subsections (3) and (4) of section 18; section 33; and section 34) apply to persons in the service of the Government when acting in their capacity and in the course of their duty.

Section 46

04

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Showing 49 of 49 provisions

Offence 23Provision 17Substitution 4Interpretation 3

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Firearms Act.

Section 1. Short title Section This Act may be cited as the Firearms Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines "any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm".

Section 2. Interpretation Section any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm;
Section 2Verify source
§ 3PRELIMINARY - 3. Establishment of the Firearms Licencing BoardCommencement

Establishes the Firearms Licensing Board, lists its membership, creates a Secretariat, deems prior licensing officers to be Secretariat officers, and assigns functions including certification, licensing decisions, registration, range supervision, record management, and additional Cabinet Secretary-prescribed functions.

Section 3. Establishment of the Firearms Licencing Board Section 3(1) There is hereby established the Firearms Licensing Board. Section 3(2)(a) two representatives from the National Police Service one of whom shall be from the Directorate of Criminal Investigation; Section 3(2)(b) one representative from the Office of the Attorney-General; Section 3(2)(c) one representative from a private members group of lawfully registered gun owners; Section 3(2)(d) one representative from the Kenya Wildlife Service; Section 3(2)(e) one representative from the National Intelligence Service; and Section 3(2)(f) one representative from the National Focal Point. Section 3(3) There shall be a Secretariat of the Board which shall consist of such officers as may be necessary to discharge its duties under this Act. Section 3(4) The persons serving as licensing officers immediately before the commencement of this section shall be deemed to be officers of the Secretariat referred to in subsection (3). Section 3(5)(a) certify suitability of applicants and periodically assess proficiency of firearms holders; Section 3(5)(b) issue, cancel, terminate or vary any licence or permit issued under this Act; Section 3(5)(c) register civilians firearm holders, dealers and manufacturers of firearms under this Act; Section 3(5)(d) register, supervise, and control all shooting ranges that are registered under this Act; Section 3(5)(e) establish, maintain and monitor a centralized record management system under this Act; Section 3(5)(f) perform such other functions as the Cabinet Secretary may prescribe from time to time.
Section 3Verify source

Part II

REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION

§ 10REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 10. Production of firearm certificate or permitOffence

Police, customs or licensing officers may demand production of a firearm certificate or permit from persons believed to possess a firearm or ammunition; the demand can be oral or written. If the person fails to produce or allow reading of the certificate, or to show entitlement, the officer may seize the firearm or ammunition and require the person to declare name and address; failure without reasonable cause is an offence punishable by a fine not exceeding ten thousand shillings.

Section 10. Production of firearm certificate or permit Section 10(1) Any police officer, customs officer or licensing officer may demand from any person whom he believes to be in possession of a firearm or ammunition the production of any firearm certificate or of any permit granted under subsection (12) or subsection (13) of section 7 at or before such time, at such place and to such police officer, customs officer or licensing officer as he may specify. Section 10(2) Such demand under this section may be made orally or in writing. Section 10(3) If any person upon whom a demand is so made fails to produce any certificate or permit granted to him, or to allow the officer to read the same, or to show that he is entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate or permit, the officer may seize and detain the firearm or ammunition, and may require that person to declare to him immediately his name and address. Section 10(4) If any person upon whom a demand is so made fails, without reasonable cause, to produce any certificate or permit granted to him, or to allow the officer to read the same, or refuses so to declare his name and address, or fails to give his true name and address, he shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings. [Act No. 4 of 1960 , s. 6, Act No. 2 of 2002 , Sch.]
Section 10Verify source
§ 11REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 11. Production of and accounting for firearms and ammunitionsOffence

Police, customs or licensing officers may demand production of firearms or ammunition from certificate/permit holders or recent holders; failure without reasonable cause to comply is an offence punishable by a fine up to ten thousand shillings.

Section 11. Production of and accounting for firearms and ammunitions Section 11(1) Any police officer, customs officer or licensing officer may demand from any person who holds a firearm certificate or a permit under subsection (12) or subsection (13) of section 7 the production of any firearm or ammunition to which it relates at or before such time, at such place and to such police officer, customs officer or licensing officer as he may specify. Section 11(2) Any such officer may demand from any person who has within the last preceding five years held a firearm certificate or permit the production of any firearm or ammunition to which it relates, or an account of its whereabouts, at or before such time, at such place and to such police officer, customs officer or licensing officer as he may reasonably specify. Section 11(3) A demand under this section may be made orally or in writing. Section 11(4) If any person fails without reasonable cause to comply with a demand under this section, he shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings. [Act No. 4 of 1960 , s. 6, Act No. 2 of 2002 , Sch.]
Section 11Verify source
§ 11AREGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 11A. Concealment of serial numberProvision

Obliterating the serial number of any firearm in his possession is covered by this section.

Section 11A. Concealment of serial number Section obliterates the serial number of any firearm in his possession; or
Section 11AVerify source
§ 12REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 12. Penalty for dealing in firearms without being registeredOffence

Persons who contravene the provisions of this section are guilty of an offence and liable to imprisonment for a term of not less than five, but not exceeding ten years.

Section 12. Penalty for dealing in firearms without being registered Section 12(1)(a) sell, transfer, repair, test or prove; or Section 12(1)(b) expose for sale or transfer, or have in his possession for sale, transfer, repair, test or proof, any firearm or ammunition, unless he is registered under this Act as a firearms dealer: Section 12(2) If any person contravenes any of the provisions of this section, or makes any statement which he knows to be false for the purpose of procuring, whether for himself or for any other person, the grant of a permit under this section, he shall be guilty of an offence and liable to imprisonment for a term of not less than five, but not exceeding ten years. [Act No. 4 of 1960 , s. 7, Act No. 2 of 2002 , Sch.]
Section 12Verify source
§ 13REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 13. Registration of firearms dealersOffence

The licensing officer must not register an applicant prohibited by a court order and may refuse registration if the applicant would be a danger to public safety or the peace; fees are payable on registration; false statements to procure registration are an offence with penalties.

Section 13. Registration of firearms dealers Section 13(1)(i) the licensing officer shall not register an applicant who is prohibited from being registered by order of a court made under section 19 ; and Section 13(1)(ii) the licensing officer may refuse to register an applicant if he is satisfied that the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace. Section 13(2) On the registration of an applicant as a firearms dealer there shall be payable such fee as may be prescribed. Section 13(3)(a) is no longer carrying on business as a firearms dealer; or Section 13(3)(b) cannot be permitted to continue to carry on business as a firearms dealer without danger to the public safety or to the peace, Section 13(4) The licensing officer shall also cause the name of a person to be removed from the register if that person so desires. Section 13(5) If any person, for the purpose of procuring the registration of himself or any other person as a firearms dealer, makes any statement which he knows to be false, he shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 4 of 1960 , s. 8, Act No. 2 of 2002 , Sch.]
Section 13Verify source
§ 14REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 14. Certificate of registrationSubstitution

The licensing officer must issue a certificate of registration to persons registered as firearms dealers; the licensing officer must require compliance and may remove a dealer's name from the register after 21 days if they fail to comply; the dealer must surrender the certificate and is deemed registered for limited disposal purposes until surrender or 21 days lapse.

Section 14. Certificate of registration Section 14(1) The licensing officer shall grant or cause to be granted to any person who is registered as a firearms dealer under section 13 a certificate of registration. Section 14(2)(a) surrender to the licensing officer his certificate of registration; and Section 14(2)(b) apply in the prescribed form for a new certificate of registration; and Section 14(2)(c) pay the fee prescribed, Section 14(3) If any person to whom this section applies fails to comply with all or any of the requirements of subsection (2), the licensing officer shall by notice in writing require him to comply therewith, and, if he fails to do so within twenty-one days from the date of the notice, or within such further time as the licensing officer may in special circumstances allow, shall cause his name to be removed from the register. Section 14(4)(i) where an appeal is brought against the removal, this subsection shall not apply to that removal unless the appeal is abandoned or dismissed, and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed; Section 14(4)(ii) until the dealer surrenders his certificate of registration in accordance with the provisions of this subsection, or, if he fails so to surrender his certificate, until the expiration of the period of twenty-one days, the dealer shall be deemed to be registered as a firearms dealer for the purpose only of disposing of the stock in hand of his business.
Section 14Verify source
§ 15REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 15. Registrations of place of business of firearms dealersProvision

Applicants and registered firearms dealers must provide particulars of every place of business to the licensing officer; the licensing officer must enter notified places in the register but may refuse or remove a place if it poses danger to public safety or the peace.

Section 15. Registrations of place of business of firearms dealers Section 15(1) The prescribed particulars which a person applying to be registered as a firearms dealer under section 13 is required to furnish shall include particulars of every place of business at which he proposes to carry on business as a firearms dealer, and the licensing officer shall, subject as hereinafter provided, enter in the register every such place of business. Section 15(2) Every person registered as a firearms dealer who proposes to carry on business as such at any place of business which is not entered in the register shall notify the licensing officer and furnish him with such particulars as may be prescribed, and the licensing officer shall, subject as hereinafter provided, enter that place of business in the register. Section 15(3) A licensing officer, if he is satisfied that any place of business notified to him by any person under subsection (1) or subsection (2), or any place entered as the place of business of any person in the register of firearms dealers, is a place at which that person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace, may refuse to enter that place of business in the register or remove it from the register, as the case may be. Section 15(4)(a) any person, being a registered firearms dealer, has a place of business which is not entered on the register and carries on business as a firearms dealer at that place; or Section 15(4)(b) any person makes any statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the entry of any place of business in the register of firearms dealers,
Section 15Verify source
§ 16REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 16. Restrictions on sale, repair, etc., of firearms and ammunitionProvision

Section 16 prohibits selling, transferring, repairing or testing firearms or ammunition without a valid firearm certificate and requires sellers to follow certificate instructions and notify the licensing officer within forty‑eight hours.

Section 16. Restrictions on sale, repair, etc., of firearms and ammunition Section 16(1) No person shall sell or transfer to any other person in Kenya, other than a registered firearms dealer, any firearm or ammunition unless that other person produces a firearm certificate authorizing him to purchase or acquire it or shows that he is by virtue of this Act entitled to purchase it, or, as the case may be, to acquire it by means of transfer, without holding a certificate: Provided that this subsection shall not prevent a person parting with the possession of a firearm or ammunition, otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, to a person who shows that he is by virtue of this Act entitled to have possession of the firearm or ammunition without holding a firearm certificate. Section 16(2) Every person who sells, lets on hire, gives or lends a firearm or ammunition to any other person in Kenya, other than a registered firearms dealer, shall, unless that other person shows that he is by virtue of this Act entitled to purchase or, as the case may be, to hire, accept as a gift or borrow the firearm or ammunition without holding a firearm certificate, comply with any instructions contained in the certificate produced, and in the case of a firearm shall, within forty-eight hours from the transaction, send by registered post notice of the transaction to the licensing officer. Section 16(3) No person shall undertake the repair, test or proof of a firearm or ammunition for any other person in Kenya, other than a registered firearms dealer as such, unless that other person produces or causes to be produced a firearm certificate authorizing him to have possession of the firearm or ammunition, or shows that he is by virtue of this Act entitled to have the firearm or ammunition without holding such a certificate. Section 16(4)(a) contravenes any of the provisions of this section; or Section 16(4)(b) with a view to purchasing or acquiring, or procuring the repair, test or proof of, a firearm or ammunition produces a false firearm certificate or a firearm certificate in which any false entry has been made, or personates a person to whom a firearm certificate has been granted, or makes any false statement,
Section 16Verify source
§ 17REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 17. Register of transactions in firearms and ammunitionProvision

Businesses dealing in, selling or transferring firearms or ammunition must keep a register of transactions with prescribed particulars; entries must be made within 24 hours and purchasers/transferees must provide identification particulars; police or licensing officers may inspect stock and the register on demand; certain auctions under section 12 are excluded.

Section 17. Register of transactions in firearms and ammunition Section 17(1) Every person who by way of trade or business deals in, sells or transfers firearms or ammunition shall provide and keep a register of transactions, and shall enter or cause to be entered therein such particulars as may be prescribed. Section 17(2) Every such entry shall be made within twenty-four hours after the transaction to which it relates took place, and, in the case of a sale or transfer, every such person shall at the time of the transaction require the purchaser or transferee to furnish particulars sufficient for identification, and shall immediately enter those particulars in the register. Section 17(3) Any person to whom this section applies shall, on demand, allow a police officer or licensing officer to enter and inspect all stock in hand, and shall on request by the police or licensing officer produce for inspection the register so required to be kept. Section 17(4)(a) fails to comply with any of the provisions of this section; or Section 17(4)(b) knowingly makes any false entry in a register required to be kept under this section; or Section 17(4)(c) knowingly furnishes any false particular of identification of himself or any other person, Section 17(5) Nothing in this section shall apply to the sale of firearms or ammunition by auction in accordance with the terms of a permit issued under the proviso to subsection (1) of section 12 . [Act No. 4 of 1960 , s. 12, Act No. 2 of 2002 , Sch.]
Section 17Verify source
§ 18REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 18. Storage and safe custody of firearms and ammunitionOffence

Registered firearms dealers must keep a suitable locked store at each business; persons possessing firearms or ammunition must keep them securely and take precautions against loss or access by unauthorised persons; failure is an offence punishable by up to one year imprisonment or a fine up to ten thousand shillings or both.

Section 18. Storage and safe custody of firearms and ammunition Section 18(1) Every registered firearms dealer shall maintain at each of his places of business a suitable enclosed store for the safe custody of firearms and ammunition in his possession. Section 18(2) Each store shall be, and be maintained constantly, secure to the satisfaction of the licensing officer, and shall have only one means of entry thereto, which shall be provided with two locks, of which master-keys shall be delivered to, and retained by, the licensing officer. Section 18(3) Every person having in his possession any firearm or ammunition shall keep it at all times securely and in safe custody and in a safe condition, and shall take all reasonable precautions to ensure that the firearm or ammunition is not lost or stolen and is not at any time available to any person not lawfully entitled to possess it. Section 18(4) Any person who fails to comply with any of the provisions of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. Section 18(5) In this section, "safe custody" means in the physical custody of the licensee or in a safe approved for that purpose by the licensing officer. [Act No. 4 of 1960 , s. 13, Act No. 15 of 1961 , Sch., Act No. 2 of 2002 , Sch.]
Section 18Verify source
§ 19REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 19. Powers of court in case of offences by registered firearms dealersOffence

Court has the power to order that a registered firearms dealer's name be removed from the register.

Section 19. Powers of court in case of offences by registered firearms dealers Section that the name of the registered firearms dealer be removed from the register; and
Section 19Verify source
§ 20REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 20. Penalty for taking in pawn firearms or ammunitionOffence

No person may take a firearm or ammunition in pawn; contravention is an offence punishable by 3–5 years' imprisonment.

Section 20. Penalty for taking in pawn firearms or ammunition Section 20(1) No person shall take any firearm or ammunition in pawn from any other person. Section 20(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to imprisonment for a term of not less than three, but not exceeding five, years. [Act No. 2 of 2002 , Sch.]
Section 20Verify source
§ 21REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 21. Provisions as to converting imitation firearms into firearmsOffence

Persons other than registered firearms dealers are prohibited from converting imitation firearms into functional firearms; violating this is an offence carrying imprisonment of not less than seven and not exceeding fifteen years.

Section 21. Provisions as to converting imitation firearms into firearms Section 21(1) No person other than a registered firearms dealer shall convert into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through the barrel thereof. Section 21(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to imprisonment for a term of not less than seven, but not exceeding fifteen, years. [Act No. 2 of 2002 , Sch.]
Section 21Verify source
§ 22REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 22. Loss of firearms or ammunition to be reportedOffence

A person in possession of a firearm or ammunition must report its loss, theft or destruction to the police officer in charge of the nearest police station as soon as possible; failure is an offence punishable by up to one year imprisonment or a fine not exceeding ten thousand shillings or both.

Section 22. Loss of firearms or ammunition to be reported Section Any person having possession of a firearm or ammunition, whether or not he holds a firearm certificate therefor or is entitled to have possession thereof without holding a firearm certificate, shall, if the firearm or ammunition is lost, stolen or destroyed, report the loss, theft or destruction as soon as possible after its occurrence to the police officer in charge of the nearest police station, and if he fails to do so, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 2 of 2002 , Sch.]
Section 22Verify source
§ 23REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 23. Appeals under this PartProvision

A person aggrieved by certain licensing decisions may appeal to the Cabinet Secretary; appeals must be lodged within fourteen days of receiving notice; the Cabinet Secretary may dismiss or direct the licensing officer and the Cabinet Secretary’s decision is final.

Section 23. Appeals under this Part Section 23(1) Any person aggrieved by a refusal of a licensing officer to grant him a firearm certificate under section 5 or to vary or renew a firearm certificate, or by the revocation of a firearm certificate, or by a refusal of a licensing officer to grant him a permit under subsection (12) of section 7 , or by the revocation of such a permit, or by a refusal of a licensing officer to grant him a permit under subsection (13) of section 7 or to renew such a permit, or by the revocation of such a permit, or by the refusal of a licensing officer to register him as a firearms dealer, or by the removal of his name from the register of firearms dealers by a licensing officer, or by the refusal of a licensing officer to enter a place of business in the register of firearms dealers under section 15 or by the removal of any such place of business from the register, may appeal to the Cabinet Secretary, whose decision shall be final. Section 23(2) An appeal under this section shall be lodged within fourteen days after the date on which the appellant first received notice, whether written or oral, of the decision by which he is aggrieved. Section 23(3) On an appeal under this section, the Cabinet Secretary may either dismiss the appeal or give such directions as he may think fit to the licensing officer from whose decision the appeal has been lodged, as respects the firearm certificate, permit or register which is the subject of the appeal. [G.N. 1602/1955, L.N. 173/1960.]
Section 23Verify source
§ 24REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 24. Application of this PartProvision

This Part applies to all firearms and ammunition as defined in section 2 and to other weapons capable of being converted into, or having the appearance of, lethal weapons, or usable or adaptable for discharge of noxious substances or missiles, but excludes weapons not declared specially or potentially dangerous by the Cabinet Secretary by notice in the Gazette.

Section 24. Application of this Part Section This Part applies to all firearms and ammunition as defined in section 2 and to all other weapons which are capable of being converted into, or to have the appearance of, lethal weapons, or which can be used or adapted for the discharge of any noxious liquid, gas or other substance, or any missile, projectile or other similar thing but does not apply to any other weapon which is not of a type declared by the Cabinet Secretary, by notice in the Gazette , to be specially or potentially dangerous. [Act No. 4 of 1960 , s. 14, Act No. 8 of 1988 , s. 6.]
Section 24Verify source
§ 25REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 25. Saving for game lawsProvision

Anyone using or carrying a firearm must obtain a licence to kill game.

Section 25. Saving for game laws Section Nothing in this Part shall relieve any person using or carrying a firearm from the obligation to take out a licence to kill game under any law for the time being in force relating to such licences.
Section 25Verify source
§ 4REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 4. Penalty for purchasing, etc., firearms or ammunition without firearm certificateInterpretation

It is prohibited for any person to purchase, acquire, possess, manufacture or assemble firearms, ammunition or armoured vehicles without the required certificate or approval; specified offences attract imprisonment.

Section 4. Penalty for purchasing, etc., firearms or ammunition without firearm certificate Section 4(1) Subject to this Act, no person shall purchase, acquire or have in his possession any firearm or ammunition unless he holds a firearm certificate in force at the time. Section 4(1A) No person shall manufacture, assemble, purchase, acquire or have in his possession an armoured vehicle unless he holds a certificate of approval issued under this Act. Section 4(2)(a) purchases, acquires or has in his possession any firearm or ammunition without holding a firearm certificate in force at the time, or otherwise than as authorized by a certificate, or, in the case of ammunition, in quantities in excess of those so authorized; or Section 4(2)(b) fails to comply with any condition subject to which a firearm certificate is held by him; or Section 4(2)(c) manufactures, assembles, purchases, acquires or has in his possession an armoured vehicle without approval under subsection (1A), Section 4(3)(a) if the firearm concerned is a prohibited weapon of a type specified in paragraph (b) of the definition of that term contained in section 2 or the ammunition is ammunition for use in any such firearm be liable to imprisonment for a term of not less than seven years and not more than fifteen years; or Section 4(3)(b) if the firearm is any other type or the ammunition for any weapon not being a prohibited weapon be liable to imprisonment for a term of not less than five, but not exceeding ten years:
Section 4Verify source
§ 4AREGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 4A. Offences relating to specified firearmsOffence

Creates offences for possession of specified firearms without a licence or permit and for licensed holders unlawfully permitting use; allows a court to order forfeiture of firearms and related exhibits.

Section 4A. Offences relating to specified firearms Section 4A(1)(a) is found in possession of any of the specified firearms without a licence or permit or other lawful justification; or Section 4A(1)(b) being licensed to possess, hold, trade in or otherwise have custody of any of the specified firearms, ammunition or parts of such firearm or ammunition hires or otherwise unlawfully permits another person to take possession of or use that firearm or ammunition to advance the course of organized criminal activity, Section 4A(2)(a) AK 47; Section 4A(2)(b) G3; Section 4A(2)(c) MP 5; and Section 4A(2)(d) such other similar firearms as may be specified by the Cabinet Secretary by order published in the Gazette . Section 4A(3) A court before which an offence under subsection (1) is found to have been committed may order the forfeiture to the State of any firearms, ammunition or other parts produced as exhibits in the trial. [Act No. 6 of 2010 , s. 26.]
Section 4AVerify source
§ 5REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 5. Grant, etc., of firearm certificatesSubstitution

Sets application, grant, contents, duration, renewal, variation, surrender and offences related to firearm certificates.

Section 5. Grant, etc., of firearm certificates Section 5(1) An application for the grant of a firearm certificate shall be made in the prescribed form to the licensing officer, and shall state such particulars as may be required by that form. Section 5(2) The firearm certificate shall be granted by the licensing officer if he is satisfied that the applicant has a good reason for purchasing, acquiring or having in his possession the firearm or ammunition in respect of which the application is made, and can be permitted to have in his possession that firearm or ammunition without danger to the public safety or to the peace: Provided that a firearm certificate shall not be granted to a person whom the licensing officer has reason to believe to be prohibited by or under this Act from possessing a firearm, or to be of intemperate habits or unsound mind, or to be for any reason unfitted to be entrusted with such a firearm, or who has not satisfied a licensing officer that he will at all times keep the firearm securely and in safe custody and in a safe condition and take all reasonable precautions to ensure that the firearm is not lost or stolen and is not at any time available to any person not lawfully entitled to possess it. Section 5(3) A firearm certificate granted under this section shall be in the prescribed form, and shall specify the conditions (if any) subject to which it is held, the nature and number of firearms to which it relates and, as respects ammunition, the quantities authorized to be purchased and to be held at any one time thereunder. Section 5(4) A firearm certificate shall, unless previously revoked or cancelled, continue in force for one year from the date when it was granted or last renewed, but shall be renewable for a further period of one year by a licensing officer, and so on from time to time, and the foregoing provisions of this section shall apply to the renewal of a firearm certificate as they apply to the grant of a firearm certificate. Section 5(5) A licensing officer may at any time by notice in writing vary the conditions subject to which a firearm certificate is held, except such of them as may be prescribed, and may by the notice require the holder to deliver up the firearm certificate to him within fourteen days from the date of the notice for the purpose of amending the conditions specified therein. Section 5(6) A firearm certificate may also, on the application of the holder thereof, be varied from time to time by a licensing officer. Section 5(7)(a) the licensing officer is satisfied that the holder is prohibited by or under this Act from possessing a firearm to which the firearm certificate relates, or is of intemperate habits or unsound mind, or is otherwise unfit to be entrusted with a firearm; or Section 5(7)(b) the holder fails to comply with a notice under subsection (5) requiring him to deliver up the firearm certificate. Section 5(8) In any case where a firearm certificate is revoked by a licensing officer, he shall by notice in writing require the holder to surrender the firearm certificate, and if the holder fails to do so within fourteen days from the date of the notice he shall be guilty of an offence and liable to a fine not exceeding one thousand shillings: Provided that, where an appeal is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed, and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed. Section 5(9) If any person makes a statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the grant of a firearm certificate under this section, or the variation or renewal of a firearm certificate he shall be guilty of an offence and liable to imprisonment for a term not exceeding two months or to a fine not exceeding two thousand shillings or to both. [Act No. 4 of 1960 , s. 4.]
Section 5Verify source
§ 6REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 6. Fees in respect of firearm certificatesProvision

Certain fees are payable in relation to firearm certificates, but specific exemptions apply (e.g. no fee for responsible officers of approved clubs and for certain equipment or purposes).

Section 6. Fees in respect of firearm certificates Section 6(1) Subject to this section, there shall be payable on the grant of a firearm certificate, and on the renewal of a firearm certificate, and on any variation of a firearm certificate which increases the number of firearms to which the firearm certificate relates, and on the replacement of a firearm certificate which has been lost or destroyed, such fees as may be prescribed: Provided that, where a firearm certificate is both varied and renewed or replaced at the same time, no fee shall be payable on the variation. Section 6(2) No fee shall be payable on the grant to any responsible officer of a rifle club, miniature rifle club or cadet unit approved for the purpose by the Cabinet Secretary, of a firearm certificate in respect of firearms or ammunition to be used solely for target practice or drill by the members of the club or unit, or on the variation or renewal of a firearm certificate so granted. Section 6(3)(a) a firearm or ammunition which the applicant requires as part of the equipment of a ship; or Section 6(3)(b) a signalling apparatus, or ammunition therefor which the applicant requires as part of the equipment of an aircraft or aerodrome; or Section 6(3)(c) a slaughtering instrument or ammunition therefor, which the applicant requires for the purpose of the slaughter of animals other than for commercial purposes.
Section 6Verify source
§ 7REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 7. Exemptions from holding a firearm certificateSubstitution

Lists specific situations and actors who are exempt from holding a firearm certificate.

Section 7. Exemptions from holding a firearm certificate Section 7(1) The following provisions of this section shall have effect notwithstanding anything in section 4 or section 6 . Section 7(2)(a) without a firearm certificate or temporary permit have in his possession and use a Government firearm or Government ammunition, if the firearm or ammunition is issued for the purposes of his duty as such officer except that immediately upon such officer ceasing to be a member of the police force or otherwise in the public service he shall forthwith deliver up any such firearm or ammunition as aforesaid to the proper officer of the Government; Section 7(2)(b) with a firearm certificate but without payment of any fee in respect thereof have in his possession and use a firearm or ammunition lawfully purchased or otherwise acquired by him which is used by him for the purposes of his duty as such officer except that immediately upon such officer ceasing to be a member of the police force or otherwise in the public service the exemption from payment of any fee shall cease and the prescribed fee shall forthwith become payable in relation to such firearm or ammunition. Section 7(3) A person carrying on the business of a firearms dealer and registered as such under this Act, or an approved servant of that person, may, without holding a firearm certificate, purchase, acquire or have in his possession a firearm or ammunition in the ordinary course of that business. Section 7(4) A person carrying on the business of an auctioneer, an approved carrier or a bank licensed under section 4 of the Banking Act ( Cap. 488 ), or an approved servant of that person, may, without holding a firearm certificate, have in his possession a firearm or ammunition in the ordinary course of that business. Section 7(5) A person may, without holding a firearm certificate, have in his possession a slaughtering instrument and ammunition therefor in any abattoir the operation of which is licensed or permitted by or under section 7 of the Kenya Meat Commission Act ( Cap. 363 ), if employed in that abattoir. Section 7(6) The proprietor of an abattoir such as is referred to in subsection (5), or a person appointed by him to take charge of slaughtering instruments and ammunition therefor for the purpose of storing them in safe custody at that abattoir, may, without holding a firearm certificate, have in his possession a slaughtering instrument or ammunition therefor for that purpose. Section 7(7)(a) have in his possession a firearm or ammunition on board a ship, or a signalling apparatus or ammunition therefor on board an aircraft or at an aerodrome, as part of the equipment of the ship, aircraft or aerodrome; and Section 7(7)(b) remove a signalling apparatus or ammunition therefor, being part of the equipment of an aircraft, from one aircraft to another at an aerodrome, or from or to an aircraft at an aerodrome to or from a place appointed for the storage thereof in safe custody at that aerodrome, and keep any such apparatus or ammunition at such a place; and Section 7(7)(c) if he has obtained from a police officer of or above the rank of Assistant Superintendent or from a licensing officer a permit for the purpose in the prescribed form, remove a firearm from or to a ship, or a signalling apparatus from or to an aircraft or aerodrome, to or from such place and for such purpose as may be specified in the permit. Section 7(8) A person carrying a firearm or ammunition belonging to another person holding a firearm certificate relating thereto may, without himself holding a firearm certificate, have in his possession that firearm or ammunition under instructions from and for the use of that other person for sporting purposes only. Section 7(9) A member of a rifle club, miniature rifle club or cadet unit approved by the Cabinet Secretary under and for the purposes of subsection (2) of section 6 , may, without holding a firearm certificate, have in his possession a firearm and ammunition therefor when engaged as a member in, or in connection with, drill or target practice. Section 7(10) Any person may, without holding a firearm certificate, use a miniature rifle not exceeding 0.22 calibre, and ammunition suitable therefor, at a miniature rifle range or shooting gallery. Section 7(11) Any person may, without holding a firearm certificate, have a firearm in his possession at an athletic or other sporting meeting for the purpose of starting races at that meeting. Section 7(12)(a) A person who has obtained from a licensing officer a permit for the purpose in the prescribed form may, without holding a firearm certificate, have in his possession a firearm and ammunition therefor in accordance with the terms of the permit; but no such permit shall be issued in respect of, or be valid for, a period exceeding three months. Section 7(12)(b) A permit under this subsection shall not be granted to any person in respect of any firearm or ammunition unless the licensing officer is satisfied that that person would, on application, be granted a firearm certificate in respect of the firearm or ammunition. Section 7(12)(c) A permit under this subsection may at any time be revoked by a licensing officer if the licensing officer is satisfied that the holder would not, on application, be granted a firearm certificate in respect of the firearm or ammunition. Section 7(13)(a) A person who has obtained from a licensing officer a permit for the purpose in the prescribed form may, without himself holding a firearm certificate, acquire otherwise than by way of gift, and have in his possession, in accordance with the terms of the permit, a firearm or ammunition which is of a class or description specified in the permit and which belongs to another person who holds a firearm certificate relating thereto. Section 7(13)(b) A permit under this subsection shall not be granted in respect of, or be valid for, a period exceeding one year, but shall be renewable by a licensing officer for a further period not exceeding one year, and so on from time to time. Section 7(13)(c) A permit under this subsection shall not be granted or renewed in respect of any class or description of firearms or ammunition unless the licensing officer is satisfied that the applicant or holder, as the case may be, can be permitted to have in his possession any firearm or ammunition of such class or description without danger to the public safety or to the peace, or if the licensing officer has reason to believe that the applicant or holder is prohibited by or under this Act from possessing a firearm, or is of intemperate habits of unsound mind, or is for any reason unfitted to be entrusted with any firearm of that class or description. Section 7(13)(d) A permit under this subsection may be revoked by a licensing officer, either wholly or in respect of any class or description of firearms or ammunition to which it relates, if the licensing officer is satisfied that the holder would not, by reason of the provisions of paragraph (c), be granted, as at the date of revocation, a renewal of the permit, or, as the case may be, a renewal thereof in respect of that class or description of firearms or ammunition. Section 7(14) Where a licensing officer revokes a permit under subsection (12) or subsection (13), he shall by notice in writing require the holder of the permit to surrender it, and if the holder fails to surrender it within fourteen days from the date of the notice, he shall be guilty of an offence and liable to a fine not exceeding one thousand shillings: Provided that, where an appeal is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed, and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed. Section 7(15) If any person makes any statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the grant or renewal of a permit under this section, he shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings or to both. [Act No. 4 of 1960 , ss. 5 & 21, Act No. 8 of 1988 , s. 5.]
Section 7Verify source
§ 8REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 8. Power to refuse firearm certificate or permit unless firearm or ammunition producedProvision

A licensing officer may refuse to grant, renew or vary a firearm certificate or to grant a permit under subsection (12) of section 7 unless the relevant firearm is produced for inspection and marking.

Section 8. Power to refuse firearm certificate or permit unless firearm or ammunition produced Section 8(1) Notwithstanding anything contained in any of the foregoing sections of this Act, a licensing officer may refuse to grant, renew or vary a firearm certificate, or to grant a permit under subsection (12) of section 7 , unless and until any firearm to which the firearm certificate or permit will, if granted, renewed or varied, relate is produced to him for his inspection and for marking, if necessary, in accordance with the requirements of subsection (2) of this section. Section 8(2) No firearm certificate, and no permit under subsection (12) of section 7 , shall be granted, or, as the case may be, varied or renewed, in respect of a firearm unless the firearm bears a mark or number of identification or is first marked with such a mark or number by, or under and in accordance with the directions of, the licensing officer.
Section 8Verify source
§ 9REGULATIONS OF PURCHASE, POSSESSION, MANUFACTURER AND SALE OF FIREARMS AND AMMUNITION - 9. Prohibition of manufacture of firearms and ammunitionSubstitution

No person shall manufacture any firearm or ammunition except on behalf of the Government and at places designated and under instructions of the Cabinet Secretary.

Section 9. Prohibition of manufacture of firearms and ammunition Section 9(1) No person shall manufacture any firearm or ammunition save on behalf of the Government and at a place established and designated for the purpose by, and in accordance with instructions to be issued by, the Cabinet Secretary. Section 9(2) In this section, "manufacture", in relation to firearms or ammunition, includes the filling, refilling and other processing of ammunition, but does not include the repair of firearms or ammunition, or the conversion into a firearm of anything which has the appearance of a firearm but is so constructed as to be incapable of discharging any missile through the barrel thereof, or the alteration, or substitution or replacement of any component part, of a firearm. Section 9(3) If any person contravenes any of the provisions of subsection (1), he shall be guilty of an offence and liable to imprisonment for a term of not less than ten, but not exceeding fifteen, years. [Act No. 4 of 1960 , s. 21, Act No. 36 of 1962 , Sch., Act No. 2 of 2002 , Sch.]
Section 9Verify source

Part III

MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION

§ 26MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 26. Special provisions relating to certain types of weapons and ammunitionInterpretation

Section 26 defines several categories of prohibited or specially regulated weapons and ammunition, grants the Cabinet Secretary powers to specify or revoke authorities by notice, requires persons authorised under such authorities to comply with conditions, and prescribes penalties (including imprisonment and fines) for failure to comply or to surrender revoked authority within fourteen days.

Section 26. Special provisions relating to certain types of weapons and ammunition Section 26(1)(a) any firearm which is so designed or adapted that if pressure is applied to the trigger missiles continue to be discharged until the pressure is removed or until the magazine containing the missiles is empty; or Section 26(1)(aa) any prohibited weapon of a type specified in paragraph (b) of the definition of that term contained in section 2 ; or Section 26(1)(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or similar thing or of any electrical charge; Section 26(1)(c) any ammunition containing, or designed or adapted to contain, any such noxious thing; or Section 26(1)(d) any firearm or ammunition specified, or of a class or type specified, by the Cabinet Secretary by notice in the Gazette ; or Section 26(1)(e) any accessory or attachment, of a kind specified by the Cabinet Secretary by notice in the Gazette , which is designed or adapted for use with or as part of a firearm; Section 26(1)(f) any arms or munitions of war. Section 26(2)(a) if the firearm concerned falls within any of the categories specified in paragraphs (a), (aa) or (b) of subsection (1) be liable to imprisonment for a term of not less than seven, but not exceeding fifteen years; Section 26(2)(aa) if the firearm concerned falls within the category specified in paragraph (f) of subsection (1), shall be liable to imprisonment for a term not of less than fourteen years; Section 26(2)(b) if the firearm ammunition (as the case may be) falls within any of the remaining categories specified in paragraphs (c), (d) or (e) of subsection (1) be liable to imprisonment for a term of not less than seven, but not exceeding fifteen, years. Section 26(3) An authority given under this section shall be subject to such conditions as may be specified therein, and, if any person authorized thereby fails to comply with any such condition, he shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. Section 26(4) The Cabinet Secretary may at any time revoke any individual authority given by him to any person under this section, by notice in writing requiring that person to deliver up the authority to such person as may be specified in the notice within fourteen days from the date of the notice, and if that person fails to comply with that requirement, he shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings, or to both. Section 26(5) An authority given by the Cabinet Secretary under this section to any class of persons may at any time be revoked or varied by the Cabinet Secretary by notice in the Gazette . Section 26(6)(a) shall not refuse to grant or renew, and shall not revoke, a firearm certificate in respect of a firearm, weapon or ammunition referred to in subsection (1) if the applicant is for the time being authorized to have possession of that firearm, weapon or ammunition; and Section 26(6)(b) shall not refuse to enter in the register of firearms dealers the name of a person for the time being so authorised to sell or transfer a firearm, weapon or ammunition referred to in subsection (1), or remove the name of such a person from the register, on the ground that he cannot be permitted to carry on, or to continue to carry on, business as a firearms dealer without danger to the public safety or to the peace;
Section 26Verify source
§ 26AMISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 26A. Unlawful use, etc., of firearms by public officersOffence

Prohibits unlawful use, disposal, receipt or failure to account for Government firearms or ammunition by public officers and sets criminal penalties and administrative consequences.

Section 26A. Unlawful use, etc., of firearms by public officers Section 26A(1)(a) uses any Government firearm which is in his possession or under his control for any unlawful purposes; or Section 26A(1)(b) disposes of any Government firearm or ammunition to any person who is not under his immediate command without lawful authority; or Section 26A(1)(c) receives otherwise than in the course of and for his lawful duty from any person any ammunition; or Section 26A(1)(d) fails to account fully for all ammunition, issued to and used by him, Section 26A(2) Any person who unlawfully supplies by sale, gift, loan or otherwise to any public officer any Government or other firearm or any ammunition shall be guilty of an offence and liable to imprisonment for a term of not less than seven years and not more than fifteen years and shall, in addition, in the case of a public officer be automatically dismissed from the public service and, subject to section 113 of the Constitution, forfeit all rights to any pension, gratuity or other payment which may at the date of his conviction have accrued due to him. Section 26A(3) It shall not be a defence to a charge under this section that the act constituting the offence alleged was carried out by the accused person upon the orders of any other public officer. Section 26A(4) The burden of proving that the purpose for which the firearm was used was a lawful purpose or, as the case may be, that the disposal of the firearm or ammunition was with lawful authority shall lie upon the person alleging the same, and in any proceedings under this section it shall not be necessary for the prosecution to prove the lack of any such purpose or authority. Section 26A(5) A sentence of imprisonment in respect of an offence under this section shall be served after the conclusion of any other term of imprisonment passed at the same time for any other offence. Section 26A(6) For the purposes of this section the expression "public officer" shall include any member of the Kenya Wildlife Service established under the Wildlife (Conservation and Management) Act (Cap. 376), for the time being in possession of any Government firearm or ammunition and using it under section 57A of that Act. [Act No. 8 of 1988 , s. 8, Act No. 16 of 1989 , s. 14, Act No. 11 of 1993 , Sch.]
Section 26AVerify source
§ 27MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 27. Importation and exportation of firearms and ammunitionOffence

Importing or exporting any firearm or ammunition is prohibited unless done under and in accordance with an import or export permit issued by an authorized officer; certain personal-use imports left in customs control until a permit is obtained are excepted.

Section 27. Importation and exportation of firearms and ammunition Section 27(1) No person shall import or export any firearm or ammunition save under and in accordance with the terms of an import or export permit issued by an authorized officer: Provided that where any firearm or ammunition, not being a firearm or ammunition the importation of which is for the time being prohibited under subsection (2), is imported for the personal use of the owner thereof but without an import permit under this section having been previously obtained authorizing the importation thereof, the importation shall not be deemed to contravene the provisions of this section if the firearm or ammunition on importation is left in customs control until an import permit under this section is obtained in respect of the importation thereof. Section 27(2) No person shall import or export any firearm or ammunition, or any firearm or ammunition of a class or type, of which the importation or exportation is for the time being prohibited by the Cabinet Secretary by order published in the Gazette . Section 27(3) Any person who contravenes any of the provisions of subsections (1) and (2) shall be guilty of an offence and liable to imprisonment for a term of not less than seven years and not more than fifteen years. Section 27(4)(a) the importation or exportation of any arms or munitions of war unless the Cabinet Secretary has sanctioned their importation or exportation; or Section 27(4)(b) the importation or exportation of any firearm or ammunition of which the importation or exportation is for the time being prohibited under subsection (2). Section 27(5) Import and export permits under this section shall be in the prescribed forms, and there shall be payable in respect thereof the prescribed fees. Section 27(6) An authorized officer may, without assigning any reason therefor, revoke any import or export permit granted under this section at any time before the firearms or ammunition to which it relates have been imported or exported in pursuance thereof. Section 27(7) Any person who makes any statement which he knows to be false for the purpose of procuring, whether for himself or for any other person, the issue of an import or export permit under this section shall be guilty of an offence and liable to imprisonment for a term of not less than seven, but not exceeding fifteen years. Section 27(8) For the purposes of this section, "authorized officer" means a police officer or customs officer authorized by the Inspector-General of Police in writing to grant import and export permits under this section or a licensing officer appointed under section 3 . Section 27(9) In this section, "firearm" includes safety, toy and alarm pistols and rifles which are capable of being converted into, or have the appearance of, lethal barrelled weapons, or which can be used or adapted for the discharge of any noxious liquid, gas or similar thing, and "ammunition" means ammunition to which Part II applies. [Act No. 4 of 1960 , ss. 16 and 21, Act No. 36 of 1962 , Sch., L.N. 400/1963, L.N. 124/1964, Act No. 11 of 1993 , Sch., Act No. 2 of 2002 , Sch, Act No. 20 of 2020 , Sch.]
Section 27Verify source
§ 28MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 28. Places of importation of firearms or ammunition and removal therefromOffence

Imports of firearms or ammunition are allowed only at places designated by the Cabinet Secretary; imported items are to be detained in customs control and removal from customs is prohibited except where specific permits or certificates are obtained.

Section 28. Places of importation of firearms or ammunition and removal therefrom Section 28(1) No person shall import any firearm or ammunition save at any one or more places designated for the purpose by the Cabinet Secretary, and all firearms and ammunition imported at any such place shall be detained in customs control pending removal in accordance with the provisions of this section. Section 28(2) No person who imports any firearm or ammunition by way of trade or business, or for the purposes of any trade or business, or for any purpose other than his own personal use, shall remove it, or cause it to be removed, from customs control, unless he has first obtained a removal permit under section 29 authorising the removal thereof from the place at which it is detained in customs control. Section 28(3) No person who imports a firearm or ammunition for his own personal use shall remove it, or cause it to be removed, from customs control unless he has first obtained a firearm certificate, or a permit under subsection (11) of section 7 , in respect thereof, or unless he is entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate. Section 28(4) Any person who contravenes any of the foregoing provisions of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding ten years. Section 28(5) In this section, "firearm" includes safety, toy and alarm pistols and rifles which are capable of being converted into, or have the appearance of, lethal barrelled weapons, or which can be used or adapted for the discharge of any noxious liquid, gas or similar thing, and "ammunition" means ammunition to which Part II applies. [Act No. 4 of 1960 , ss. 16 and 21, Act No. 2 of 2002 , Sch.]
Section 28Verify source
§ 29MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 29. Removal and transportation of firearms and ammunition within KenyaOffence

No person may remove or transport any firearm or ammunition within Kenya except under and in accordance with a removal permit issued by a licensing officer; certain carriers, certificate holders and registered dealers are exempt; contravention is an offence punishable by up to one year imprisonment or a fine not exceeding ten thousand shillings; permits for road transport require Inspector-General authority; licensing officers may revoke permits at any time.

Section 29. Removal and transportation of firearms and ammunition within Kenya Section 29(1) Subject to subsection (4), no person shall remove or transport, or cause to be removed or transported, any firearm or ammunition from one place to another in Kenya, whether for the purpose of export or otherwise, save under and in accordance with a removal permit issued by a licensing officer. Section 29(2) Any person who contravenes any of the provisions of subsection (1), or who makes any statement which he knows to be false for the purpose of procuring for himself or any other person the issue of a removal permit under this section, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. Section 29(3) No removal permit shall be issued under this section authorizing the removal or transport of firearms or ammunition by road from one area to another, save with the general or specific authority of the Inspector-General of Police. Section 29(4)(a) a person carrying on the business of an approved carrier, or an approved servant of such a person, in respect of the removal or transportation of any firearms or ammunition in the ordinary course of that business; Section 29(4)(b) the holder of a firearm certificate, or of a permit under subsection (11) of section 7 , in respect of the carriage with him and in accordance with the terms of the firearm certificate or permit of any firearm or ammunition to which the firearm certificate or permit relates; Section 29(4)(c) any person, not being a registered firearms dealer, in respect of the carriage with him of any firearm or ammunition which he is entitled by virtue of the provisions of this Act to have in his possession without holding a firearm certificate; or Section 29(4)(d) the removal or transport by a registered firearms dealer of any firearm or ammunition in his possession in the ordinary course of his business as such from one of his places of business to another, or from or to his own place of business to or from the place of business of another registered firearms dealer. Section 29(5) A permit issued under this section may at any time be revoked by the licensing officer who issued it, and the licensing officer shall not be compelled to assign any reason for revocation. Section 29(6) In this section, "firearm" and "ammunition" mean respectively a firearm and ammunition to which Part II applies. [Act No. 4 of 1960 , s. 17, Act No. 2 of 2002 , Sch, Act No. 20 of 2020 , Sch.]
Section 29Verify source
§ 30MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 30. Firearms and ammunition in transit through KenyaOffence

A licensing officer may grant (with or without conditions), refuse, suspend or revoke transit permits for firearms or ammunition passing through Kenya, and arms covered by such permits are lawful and not an offence when handled in accordance with the permit terms.

Section 30. Firearms and ammunition in transit through Kenya Section Notwithstanding anything in this Act, a licensing officer may grant with or without conditions, refuse, suspend or revoke transit permits for the importation or exportation, or the removal within or transportation across Kenya, of any firearms or ammunition in transit through Kenya to any place outside Kenya, and the importation, exportation, removal, transportation and possession of any such arms or ammunition under and in accordance with the terms of any such transit permit shall be lawful and shall not constitute an offence under this Act.
Section 30Verify source
§ 31MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 31. Restrictions on carriage by vesselsProvision

No person may ship or off-load firearms or ammunition in or from a vessel under five hundred tons burden.

Section 31. Restrictions on carriage by vessels Section 31(1) Subject to subsection (2), no person shall ship or off-load any firearms or ammunition in or from a vessel of less than five hundred tons burden. Section 31(2)(a) to lighters or barges lawfully engaged in loading or unloading ships; Section 31(2)(b) to firearms or ammunition conveyed on behalf of the Government and accompanied by an officer of the Government; Section 31(2)(c) to a firearm or ammunition in the possession of a person holding a firearm certificate in respect thereof or entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate, where the firearm or ammunition is for the personal use of the person in possession thereof. Section 31(3)(i) owned by; or Section 31(3)(ii) fitted out by; or Section 31(3)(iii) of which more than half the crew are,
Section 31Verify source
§ 32MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 32. Restrictions on possession of firearms and ammunition by young personsOffence

Persons under 12 must not possess firearms or ammunition covered by Part II; persons under 14 must not possess such firearms or ammunition except for specified miniature rifles or shotguns or where other statutory exceptions apply; no one may give such firearms or ammunition to persons known or believed to be under those ages.

Section 32. Restrictions on possession of firearms and ammunition by young persons Section 32(1) No person under the age of twelve years shall have in his possession any firearm or ammunition to which Part II applies, and no person under the age of fourteen years shall have in his possession any firearm or ammunition to which Part II applies other than a miniature rifle not exceeding 0.22 calibre or a shotgun the bore of which is not larger than 20 gauge, and ammunition suitable therefor, except in circumstances where he is entitled to have possession thereof without holding a firearm certificate by virtue of subsection (8), subsection (9) or subsection (10) of section 7 ; and no person shall part with the possession of any such firearm or ammunition to any person whom he knows or has reason to believe to be under the age of twelve or fourteen years, as the case may be, except in circumstances where that other person is entitled to have possession thereof. Section 32(2) Any person who contravenes any of the provisions of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 2 of 2002 , Sch.]
Section 32Verify source
§ 33MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 33. Carrying firearm while drunk or disorderlyOffence

It is an offence for any person who is drunk or behaves in a disorderly manner while carrying a firearm to which Part II applies; the person is liable to imprisonment for up to one year or to a fine not exceeding ten thousand shillings or to both.

Section 33. Carrying firearm while drunk or disorderly Section Any person who is drunk, or who behaves in a disorderly manner, while carrying a firearm to which Part II applies, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 2 of 2002 , Sch.]
Section 33Verify source
§ 34MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 34. Penalty for use and possession of firearms or imitation firearms in certain casesOffence

It is an offence for any person to use or attempt to use a firearm or imitation firearm with intent to commit a criminal offence; the person is guilty and faces imprisonment between seven and fifteen years.

Section 34. Penalty for use and possession of firearms or imitation firearms in certain cases Section 34(1) If any person makes or attempts to make any use of a firearm or an imitation firearm with intent to commit any criminal offence he shall be guilty of an offence and liable to imprisonment of not less than seven, but not exceeding fifteen years, and where any person commits any such offence he shall be liable to the penalty provided by this subsection in addition to any penalty to which he may be sentenced for that other offence. Section 34(2) A firearm or imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be a dangerous weapon or instrument for the purposes of the Penal Code (Cap. 63). Section 34(3) In this section, "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not. [Act No. 8 of 1988 , s. 10, Act No. 2 of 2002 , Sch.]
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§ 35MISCELLANEOUS PROVISIONS AS TO FIREARMS AND AMMUNITION - 35. Appeals under this PartProvision

A person aggrieved by certain refusals, revocations, suspensions or conditions on import, export, removal or transit permits may appeal to the Cabinet Secretary, whose decision is final.

Section 35. Appeals under this Part Section 35(1) Any person who is aggrieved by the refusal of an authorized officer to issue to him an import permit or export permit under section 27 , or by the revocation of any such permit, or by the refusal of a licensing officer to issue to him a removal permit under section 29 , or by the revocation of any such permit, or by the refusal of a licensing officer to grant him a transit permit under section 30 , or by the imposition of any condition attached to any such permit, or by the suspension or revocation of any such permit, may appeal to the Cabinet Secretary, whose decision shall be final. Section 35(2) The provisions of subsections (2) and (3) of section 23 shall apply mutatis mutandis to appeals under this section. [G.N. 1602/1955, L.N. 173/1960.]
Section 35Verify source

Part IV

GENERAL

§ 36GENERAL - 36. Convicted persons not to possess firearms or ammunition; forfeiture of firearms and ammunition; and cancellation of firearm certificatesOffence

Persons convicted or under certain supervisory orders are prohibited from possessing firearms or ammunition; the Court and officials have powers to forfeit firearms, cancel certificates, and require surrender; exemptions may be applied for and the Cabinet Secretary may grant or refuse; penalties and fines apply for non-compliance.

Section 36. Convicted persons not to possess firearms or ammunition; forfeiture of firearms and ammunition; and cancellation of firearm certificates Section 36(1)(a) is convicted of an offence under this Act or is convicted of an offence for which he is sentenced to imprisonment, or to detention of any description in an approved school or other place of detention; or Section 36(1)(b) has been ordered to be subject to police supervision, or to enter into recognizance to keep the peace or to be of good behaviour a condition of which is that the offender shall not possess, use or carry a firearm, or is subject to a probation order containing a requirement that he shall not possess, use or carry a firearm, Section 36(1)(i) the Court before whom that person is convicted or by whom the order is made may make such order as to forfeiture or disposal of any firearm or ammunition which was found in his possession or in respect of which the offence of which he is convicted was committed or which was used in the commission of the offence as the Court thinks fit, and may cancel any firearm certificate or permit under subsection (12) or subsection (13) of section 7 held by the person convicted; Section 36(1)(ii) in the case of a person convicted, or convicted and sentenced, as mentioned in paragraph (a), the Court before whom he is convicted may order that the person shall not, at any time during such period, not exceeding ten years from the date of his release, as may be specified in the order, have in his possession any firearm or ammunition or, as the case may be, any firearm or ammunition of a class or description specified in the order. Section 36(2) Subject to this section, no person who is subject to the supervision of the police, or is subject to a recognisance to keep the peace or to be of good behaviour a condition of which is that he shall not possess, use or carry a firearm, or is subject to a probation order containing a requirement that he shall not possess, use or carry a firearm, shall, at any time during which he is so subject, have a firearm or ammunition in his possession. Section 36(3) Subject to the provisions of any other law for the time being in force under which a condition or requirement such as is referred to in subsection (2) is imposed or made, a person prohibited by that subsection from having in his possession a firearm or ammunition may apply to the Cabinet Secretary for exemption from the prohibition, and, if the application is granted, the provisions of that subsection shall not apply to that person. Section 36(4) The Cabinet Secretary may grant or refuse an application for exemption under subsection (3) and shall not be required to assign any reason for refusal. Section 36(5) No person shall sell or transfer a firearm or ammunition to, or repair, test or prove a firearm or ammunition for, any person whom he knows, or has reasonable ground for believing, to be prohibited by this section or by any order made thereunder from having a firearm or ammunition in his possession. Section 36(6)(a) the Court shall cause notice to be sent to the chief licensing officer; Section 36(6)(b) the licensing officer shall by notice in writing require the holder of the firearm certificate or permit to surrender it; and Section 36(6)(c) if the holder fails to surrender the firearm certificate or permit within fourteen days from the date of the last-mentioned notice, he shall be guilty of an offence and liable to a fine not exceeding five thousand shillings. Section 36(7) Subject to paragraph (c) of subsection (6), any person who contravenes any provision of this section or of any order made thereunder shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding twenty thousand shillings or to both. [Act No. 4 of 1960 , s. 18, G.N. 1602/1955, L.N. 173/1960, Act No. 2 of 2002 , Sch.]
Section 36Verify source
§ 37GENERAL - 37. Search warrants and disposal of firearms and ammunition seizedOffence

A court may, on application by a police officer, customs officer or licensing officer, order that firearms or ammunition seized and detained under the Act be destroyed or otherwise disposed of.

Section 37. Search warrants and disposal of firearms and ammunition seized Section 37(1)(a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found therein; and Section 37(1)(b) to seize and detain any firearm or ammunition which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting that an offence under this Act has been, is being or is about to be committed; and Section 37(1)(c) if the premises are those of a registered firearms dealer, to examine any books relating to the business. Section 37(2) A court may, on the application of a police officer, customs officer or licensing officer, order any firearm or ammunition seized and detained under this Act to be destroyed or otherwise disposed of. [Act No. 4 of 1960 , s. 19, Act No. 7 of 1963 , s. 2.]
Section 37Verify source
§ 38GENERAL - 38. Disposal of firearms, etc.Provision

If firearms or ammunition have been held in police storage for more than three months the Inspector-General of Police may order their destruction or disposal; before doing so he must try to notify the owner and must allow at least two months for the owner to make disposal arrangements; sale proceeds (less expenses) are payable to the owner or, if untraceable, held for three months then paid into the Consolidated Fund.

Section 38. Disposal of firearms, etc. Section 38(1) Where any firearm or ammunition has been held for a period exceeding three months in a firearms store maintained by the Kenya Police Force, the Inspector-General of Police may order the destruction or other disposal of that firearm or ammunition together with any case, holster, strap, lanyard, cleaning equipment, spare part or other accessory packed, carried or stored with the firearm or ammunition. Section 38(2) Before destruction or disposal under subsection (1) the Inspector-General of Polcie shall take such steps as he deems possible and appropriate to give notice to the owner of the firearm or ammunition (if known) of his intention so to act, and subject thereto shall allow the owner a period of not less than two months within which to make arrangements to the satisfaction of the Inspector-General of Police for the disposal of the firearm or ammunition. Section 38(3) In the event of a firearm or ammunition being sold by the Inspector-General of Police or any person or body on his behalf, the proceeds of the sale, after deduction of the expenses of and incidental to the sale, shall be paid over to the owner or, if the owner cannot by the exercise of reasonable diligence be traced, shall be held on deposit for a period of three months and shall then be paid into the Consolidated Fund. Section 38(4) Where the firearm or ammunition has been sold in bulk together with other firearms or ammunition in circumstances which prevent the actual proceeds and expenses from being separately identified, the proportions of the bulk proceeds and expenses attributable to the owner shall be assessed and determined by or under the directions of the Inspector-General of Police. Section 38(5) No compensation shall be payable to any person in respect of any act or omission done or made in good faith under this section. [Act No. 7 of 1963 , s. 3, Act No. 19 of 1964 , s. 2, Act No. 20 of 2020 , Sch.]
Section 38Verify source
§ 39GENERAL - 39. Appeals in connection with disposal of firearms, etc.Provision

An owner aggrieved by an act or omission under section 38 may appeal to the Cabinet Secretary — within 14 days of receiving notice or, if no notice, within 30 days of the act or omission — and the Cabinet Secretary's decision is final; on such an appeal the Cabinet Secretary may dismiss it or direct the Inspector‑General of Police about destruction, disposal, sale or retention of the firearm or ammunition.

Section 39. Appeals in connection with disposal of firearms, etc. Section 39(1) Any owner aggrieved by any act or omission done or made under section 38 may, within fourteen days of the receipt of notice, whether written or oral, of the act or omission or, in the absence of notice, within thirty days of the act or omission, appeal to the Cabinet Secretary, whose decision thereon shall be final. Section 39(2) On an appeal under this section, the Cabinet Secretary may either dismiss the appeal or give such directions as he may think fit to the Inspector-General of Police as to the destruction, disposal, sale or retention of the firearm or ammunition which is the subject of the appeal. [Act No. 7 of 1963 , s. 3, Act No. 20 of 2020 , Sch.]
Section 39Verify source
§ 40GENERAL - 40. Power to inspect premisesProvision

A police officer may, at all reasonable times, enter and inspect premises (including firearms, documents and records found there) and may require persons in control or employed there to give information to determine compliance with the Act and its rules.

Section 40. Power to inspect premises Section A police officer may at all reasonable times enter upon any premises with a view to ascertaining whether or not the provisions of this Act or of any rules made thereunder are being complied with, and may inspect the premises and any firearm or ammunition, book, account, register, document or thing found therein, and may require any person appearing to be in control thereof or employed therein to give such information as such police officer may require in order to ascertain whether or not the provisions of this Act or of any rules made thereunder are being complied with.
Section 40Verify source
§ 41GENERAL - 41. Penalty for obstructing a police officerOffence

It is an offence for any person to obstruct a police officer exercising powers under section 37 or 40, or to fail to give information lawfully required under those sections; punishable by up to two years' imprisonment or a fine up to twenty thousand shillings, or both.

Section 41. Penalty for obstructing a police officer Section Any person who obstructs a police officer in the exercise of any of the powers conferred on him by or under section 37 or section 40 , or who fails to give to a police officer any information which he is lawfully required by the police officer under either of those sections to give to him, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding twenty thousand shillings, or to both. [Act No. 2 of 2002 , Sch.]
Section 41Verify source
§ 42GENERAL - 42. Arrest without warrantOffence

A police officer may, without a warrant, arrest any person he reasonably suspects of having committed an offence under this Act.

Section 42. Arrest without warrant Section A police officer may arrest without warrant any person whom he suspects on reasonable grounds of having committed an offence under this Act.
Section 42Verify source
§ 43GENERAL - 43. JurisdictionOffence

A magistrate of a subordinate court of the first class has the power to try offences under the Act (except offences under subsection (1) of section 34) and to award the punishments provided.

Section 43. Jurisdiction Section A magistrate holding a subordinate court of the first class shall have power to try any offence under this Act, other than an offence under subsection (1) of section 34 and to award any punishment provided therefor.
Section 43Verify source
§ 44GENERAL - 44. Service of documents, notices, etc.Provision

Service is effected by delivering the document to the person to whom it is addressed.

Section 44. Service of documents, notices, etc. Section by delivering it to the person to whom it is addressed; or
Section 44Verify source
§ 45GENERAL - 45. Power to make rulesProvision

Power to make rules prescribing the form of a firearm certificate, any register required to be kept under this Act, and any other permit or document under this Act.

Section 45. Power to make rules Section prescribing the form of a firearm certificate, and of any register required to be kept under this Act, and of any other permit or document under this Act;
Section 45Verify source
§ 46GENERAL - 46. SavingsProvision

Certain sections of this Act (section 16; subsections (3) and (4) of section 18; section 33; and section 34) apply to persons in the service of the Government when acting in their capacity and in the course of their duty.

Section 46. Savings Section 46(1) The provisions of each Part of this Act shall be in addition to and not in derogation of the provisions of any other Part of this Act or of any other law for the time being in force relating to the manufacture, sale, transfer, purchase, acquisition, possession, use, storage, carriage, transportation, importation or exportation of firearms, ammunition or explosives. Section 46(2) Nothing in this Act relating to firearms shall apply to an antique firearm which is sold, transferred, purchased, acquired, imported, exported, transported or possessed as a curiosity or ornament. Section 46(3) Notwithstanding any rule of law whereunder the provisions of this Act do not bind the Government, the provisions of section 16 , subsections (3) and (4) of section 18 , section 33 and section 34 shall apply to persons in the service of the Government in their capacity and in the course of their duty as such.
Section 46Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Banking Act

    Section 7

  • Board which shall consist of such officers as may be necessary to discharge its duties under this Act

    Section 3

G–M

1 instrument

  • Kenya Wildlife Service established under the Wildlife (Conservation and Management) Act

    Section 26A

N–S

1 instrument

  • Penal Code

    Section 34

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